JUDGMENT :

Gurpal Singh Ahluwalia, J.

1. This Criminal Revision under Section 397 of the CrPC has been filed against the order dated 11/11/2020 passed by JMFC, Dabra, District Gwalior, by which the application filed by the applicant under Section 451/457 of CrPC has been rejected.

2. It is the case of the applicant that he is the owner of Ashok Leyland Dumper having registration No MP 07 GA 3687. A FIR has been registered at Police Station Billaua, District Gwalior in Crime No. 137 of 2020 for offence under Section 379 of IPC and under Section 21(4) of Mines and Minerals (Development and Regulation) Act, 1957 on the allegation that on receiving an information, the dumper was searched and it was found that 500 ft. sand was loaded in the dumper with 6 inch layer of dust/black-soil on the top of illegally excavated sand. It is submitted that the Mining Department has already compounded the illegal transportation of sand and a penalty of Rs. 89,375/- has already been deposited. It is further submitted that the applicant had executed a power of attorney in favour of the driver of dumper, namely, Anil Parihar giving full authority to operate the dumper and, thus, if any illegal act has been